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chris605
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Member since 5/05 3203 total posts
Name:
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HR INFO. / SHORT TERM DISABILITY
JUST WONDERING WHAT THE RULES ARE FOR DISABILITY OR FMLA FOR A BROKEN ARM - THEY BROKE THERE LEFT ARM AND IS TAKING 2-3 MONTHS OFF (CONVENIENTLY THE SUMMER) - THEY HAVE A DESK JOB AND THEY ARE A RIGHTY - IS THIS EVEN POSSIBLE TO GO OUT ON DISABILITY??
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Posted 6/11/12 3:55 PM  |
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Blazesyth
*yawn*
Member since 5/05 8129 total posts
Name:
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Re: HR INFO. / SHORT TERM DISABILITY
If a doctor signs the paper saying they are disabled and can't work, then they're disabled.
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| Posted 6/11/12 4:00 PM |
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rkl1130
LIF Adult
Member since 10/07 1476 total posts
Name:
Rose Ann
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Re: HR INFO. / SHORT TERM DISABILITY
They need a doctor to sign off on it and say that they can't work.
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| Posted 6/11/12 4:02 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: HR INFO. / SHORT TERM DISABILITY
Posted by Blazesyth
If a doctor signs the paper saying they are disabled and can't work, then they're disabled.
Actually, we have a 3rd party company to review the doctor's notes. The employee can be told it's been denied (records are carefully reviewed lest there is an ADA claim).
Once the 3rd party company determines their work eligibility, they can be told to return to work. If they choose not to return, they can be terminated for job abandonment.
Here is FMLA info:
http://www.dol.gov/whd/fmla/
I can safely say in my company, a broken arm for a deskjob where there is no lifting wouldn't qualify for disability. If they had a bone infection, nerve issues, flesh eating kind of thing that would probably qualify.
Message edited 6/11/2012 4:12:43 PM.
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| Posted 6/11/12 4:10 PM |
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chris605
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Member since 5/05 3203 total posts
Name:
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Re: HR INFO. / SHORT TERM DISABILITY
Posted by nrthshgrl
Posted by Blazesyth
If a doctor signs the paper saying they are disabled and can't work, then they're disabled.
Actually, we have a 3rd party company to review the doctor's notes. The employee can be told it's been denied (records are carefully reviewed lest there is an ADA claim).
Once the 3rd party company determines their work eligibility, they can be told to return to work. If they choose not to return, they can be terminated for job abandonment.
Here is FMLA info:
http://www.dol.gov/whd/fmla/
I can safely say in my company, a broken arm for a deskjob where there is no lifting wouldn't qualify for disability. If they had a bone infection, nerve issues, flesh eating kind of thing that would probably qualify.
DO ALL COMPANIES WORK THAT WAY - I MEAN I REALLY THINK SHE IS TAKING ADVANTAGE AS I THINK SHE CAN DO HER JOB WITH THE ONE ARM -
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| Posted 6/11/12 4:19 PM |
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Blazesyth
*yawn*
Member since 5/05 8129 total posts
Name:
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Re: HR INFO. / SHORT TERM DISABILITY
Is anyone else thinking 'Hazel' with me? 
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| Posted 6/11/12 4:21 PM |
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jams92
Member since 1/12 6105 total posts
Name:
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Re: HR INFO. / SHORT TERM DISABILITY
if your doctor signs off on the FMLA papers saying you cannot work then typically it gets approved. It happened in my company and from what a friend told me (in HR) it is not worth trying to fight it bc it can lead to a lawsuit if something were to happen to them while at work if the disability was not approved.
keep in mind, i know it stinks to have someone take 2-3 months off - and yes summertime looks very convenient...but part of the reason may be because they wont be able to drive to work. also, depending on your company the person may not be getting any more than n.y.s. disability pay (which i believe is something like $175 a week)...i would doubt someone would opt to take that much of a paycut by choice for 2-3 months.
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| Posted 6/11/12 4:23 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: HR INFO. / SHORT TERM DISABILITY
Posted by chris605
DO ALL COMPANIES WORK THAT WAY - I MEAN I REALLY THINK SHE IS TAKING ADVANTAGE AS I THINK SHE CAN DO HER JOB WITH THE ONE ARM -
Most companies have 3rd party companies to determine eligiblity. Mainly because they don't want to have the employee's medical info know or be responsibile for determining the disability.
I don't know what the job entails or the injury is but it doesn't matter what I think or my manager thinks if someone can do their job. If the doctor submits the paperwork & our company we sub to says it's an approved disability. If not, then it's not.
I'm not sure if you are the co-worker in this but an employee doesn't have to give you the real reason for his/her being out. Let's say it's an anxiety disorder, mental illness, drug addiction they're being treated for, etc. Those are protected disabilities. There is no reason an employee would need to tell his boss or co-worker that info (mainly because some people make assumptions based on that kind of thing). It may be easier to say they broke their arm.
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| Posted 6/11/12 4:25 PM |
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chris605
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Member since 5/05 3203 total posts
Name:
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Re: HR INFO. / SHORT TERM DISABILITY
Actually this post was NOT about me. Just looking for information.. Thank you to those you provided help and info. Its much appreciated...
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| Posted 6/11/12 9:22 PM |
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maybesoon
LIF Adult
Member since 9/09 5981 total posts
Name:
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Re: HR INFO. / SHORT TERM DISABILITY
Whatever the doc says. How would someone drive or commute to work with a broken arm?
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| Posted 6/11/12 10:12 PM |
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mamabear
LIF Adult
Member since 3/08 4539 total posts
Name:
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Re: HR INFO. / SHORT TERM DISABILITY
Who is providing the STD insurance? That's the company that ultimately makes the decision. The doctor makes a recommedantion, and though that is usually followed, the insurance company reviews and approves/denies.
After my second baby, I continued bleeding and found at my 6 week appmt that I had a retained placenta and the doctor specifically told me not to return to work and that my disability would be extended. Months later, after I was treated, and better and given the ok to return, I got a notice that after reviewing the claim, it was denied. I sent letters (from an attorney), explained that the doctor had specifcally warned of severe risks to my health, including hemmorhage (sp?), added in additional letters from the doctor. Their decision was reversed, and the claim approved. So, in the end, it is really up to the company, but specific info from the doctor is necessary. Doctor's orders are necessary but not sufficient...
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| Posted 6/12/12 1:45 PM |
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tara73
carseat nerd
Member since 11/09 3669 total posts
Name:
Buttercup
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Re: HR INFO. / SHORT TERM DISABILITY
I broke my arm a few years ago (at work), I was out of work completely for 3 months. Once I was cleared to return, it was only part time for close to 2 months.
I worked a desk job. I could not do my job, and because I had an external fixator the company felt I was a liability and I was not allowed to work even part time.
I was also on heavy pain medications for 4-6ish weeks from the severity of the break. With the fixator, I could not drive safely, could not unzip/zip my pants, could not fit a jacket over the fixator, could't even open a bottle of soda or jar or pickles.
Doctors, nurses and Xray techs were oohing and aahing over my xrays in the ER when I broke it. I completely shattered the radius and had a complete fracture of the ulna.
Sometimes, things are not as simple as they seem. Broken arm can be anything from a small, hairline fracture to a traumatic, catastrophic break. Obviously the latter is going to have a different set of rules.
Basically, what I'm saying is it's not your place to judge. I'm sure some people thought that I was being ridiculous for being out so long, or that I was scamming the system, but it wasn't the case at all. I tried to come back part time less than a month after my fall, my company wouldn't let me back so long as I had the fixator in my arm.
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| Posted 6/12/12 2:08 PM |
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DumpsterBaby
My compass when I'm lost
Member since 5/11 2210 total posts
Name:
My anchor when I get tossed
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Re: HR INFO. / SHORT TERM DISABILITY
Sounds like someone has sour grapes...
You can't really DO anything and honestly, are you going to be a tattle tale and say "So and so CAN do her job, she's faking?"
I'd let the HR dept. do their job; they'll do their due diligence and determine whether or not she can get disability.
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| Posted 6/12/12 2:59 PM |
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